(영문) 수원지방법원 성남지원 2018.05.11 2017가단11987

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(영문) 수원지방법원 성남지원 2018.05.11 2017가단11987

건물인도

Text

1. The defendant shall be the plaintiff.

(a) Order 1, 2, 3, 4, and 1 among the real estate listed in the separate sheet are indicated in the annexed sheet.

Reasons

1. Basic facts

A. On August 18, 2016, the Plaintiff entered into a lease agreement with the Defendant on the following: (a) deposit of KRW 10 million; (b) monthly rent of KRW 700,000; and (c) the lease period from August 29, 2016 to August 28, 2018; and (d) the Defendant, separate from the monthly rent, pays the management fee of KRW 50,000 per month to the Plaintiff; and (e) if the annual rent amounts to two rents, the Plaintiff entered into a lease agreement with the effect that the contract can be immediately terminated.

B. The Defendant failed to pay rent and management expenses from November 201, 2016 to June 29, 2016, and the amount of rent and management expenses in arrears is KRW 6 million in total for eight months. During that period, the Plaintiff notified the Defendant that the lease contract should be terminated at the time of the failure to pay the overdue rent and management expenses on several occasions, but the Defendant did not comply therewith.

C. Accordingly, the Plaintiff notified the Defendant of the termination of the lease agreement with the Defendant by serving the duplicate of the instant complaint on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the facts of the above recognition, since the above lease contract between the plaintiff and the defendant was terminated, the defendant shall deliver to the plaintiff the real estate listed in the attached list, which is the object to be restored to the original state, and as requested by the plaintiff, the plaintiff shall return the unpaid rent and management fee, the total amount of KRW 6 million, and the above real estate to the plaintiff at the rate of KRW 750,000 per month until it is delivered

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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